Advanced Search

Order Eit/1789/2013, Of 30 September, By Which Modify The Quotas Of The Corporation's Strategic Reserves Of Petroleum Products For The Year 2013.

Original Language Title: Orden IET/1789/2013, de 30 de septiembre, por la que se modifican las cuotas de la Corporación de Reservas Estratégicas de Productos Petrolíferos correspondientes al ejercicio 2013.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the Corporation of Strategic Reserves of Petroleum Products, as amended by Royal Decree 1766/2007 of 28 December, establishes in its Articles 25 and 26 that, by Order of the Ministry of Industry, Energy and Tourism, the unit quotas per group of products will be established which, per metric tonne or cubic metre sold or consumed, and to be paid in proportion to the days of strategic stocks, or in their case of minimum security stocks, maintained by CORES, shall satisfy the Corporation the subjects required to maintain minimum security stocks of petroleum products, as well as quotas which, depending on their participation in the market, will have to satisfy the Corporation annually the subjects required to maintain minimum safety stocks of liquefied petroleum gases and natural gas, and to diversify the supply of natural gas.

These quotas are intended to finance the costs provided by the Corporation, especially those that generate the constitution, storage and conservation of the strategic stocks of each group of petroleum products, the activities of the Corporation relating to liquefied petroleum gases and natural gas, as well as the cost of the other activities of the Corporation, and also those for the establishment and maintenance of minimum security stocks corresponding to the required subjects referred to in the preceding paragraph.

On December 31, 2012, Order IET/2813/2012, dated December 27, was published in the "Official State Gazette", approving the quotas of the Corporation for Strategic Reserves of Petroleum Products. for the financial year 2013.

During 2013 there have been significant variations in some of the assumptions considered in the Corporation's Budget for 2013, which was taken as the basis for the approval of the 2013 quotas. Order.

These variations relate to the downward modification of the estimated margin on the interest rate for the Corporation's new financial needs in 2013 and the volume of liquid hydrocarbon sales. The variation in the first of these assumptions has led to a significant saving in the financial costs arising from the activities of the Corporation, which, in addition, have contributed significantly to the decisions taken in the different operations that have been carried out for the refinancing of the first issuance of simple bonds that the Corporation made in 2003 and that has expired during the year 2013. In particular, the reduction in the maturity of the last issue of the Corporation's obligations, in respect of the one considered in the budget, has resulted in considerable savings in the financial costs.

As a result of such variation in financial costs, and the containment of the remainder of CORES expenses, there has been an excess collection in relation to the cost of the Corporation's activities to date. All this, despite the negative variation in the volume of sales of liquid hydrocarbons in respect of the amount considered in the budget, and therefore, it is considered appropriate to modify the quotas to be paid to CORES during 2013, applicable to sales or consumption as of September 2013, including, with the exception of those for liquefied petroleum gases and natural gas which remain unchanged.

This reduction of the quotas that the Corporation has to pay from October 2013 seeks the adjustment of the same to the reality of the markets in periods inferior to the calendar year, thus propitiating a better translation of the costs of the system to the interveners in the system, with the consequent benefit to the consumer.

After the modification of the quotas approved by this Order, the weighted effective quota for the year 2013 for the liquid hydrocarbon groups (except liquefied petroleum gases), will be located at 0.0933 euros per cubic meter sold or consumed and per day of strategic stock held by the Corporation, in the group of gasoline and self-aviation; 0.0932 euros per cubic meter sold or consumed and per day of stock strategic maintained by the Corporation, in the group of automotive gasoils, other gas oils, Aviation kerosene and other kerosene; and at 0.0899 euros per metric tonne sold or consumed, and per day of stock held by the Corporation, in the group of fuel oils; assuming an average effective quota for all groups of liquid hydrocarbons, with the exception of liquefied petroleum gases, of EUR 0,0930 per cubic metre sold or consumed and per day of strategic stock held by the Corporation.

Received the proposal to modify quotas for 2013, and after being analyzed and studied by the competent services of the Secretary of State of Energy, I resolve:

First. Amendment of Order IET/2813/2012 of 27 December approving the quotas of the Corporation for Strategic Reserves of Petroleum Products for the financial year 2013.

Order IET/2813/2012 of 27 December, approving the quotas of the Corporation for Strategic Reserves of Petroleum Products for the financial year 2013, is hereby amended as follows:

One. The first paragraph is worded as follows:

" The subjects required to maintain minimum security stocks of petroleum products in accordance with the provisions of Article 25.1 of Royal Decree 1716/2004 of 23 July, regulating the obligation of maintenance of minimum security stocks, diversification of natural gas supply and the corporation of strategic reserves of petroleum products, will pay to the Corporation of Strategic Reserves of Petroleum Products following quotas during the year 2013:

(a) Auto and aviation gasolines: EUR 0,0841 per cubic metre sold or consumed, and per day of stock held by the Corporation on behalf of the subject.

(b) Automotive gasoils, other gas oils, aviation kerosene and other kerosene: EUR 0,0840 per cubic metre sold or consumed, and per day of stock held by the Corporation on behalf of the subject.

(c) Fueloils: EUR 0,0809 per metric tonne sold or consumed, and per day of stock held by the Corporation on behalf of the obligated subject. '

Two. The third paragraph is worded as follows:

" The subjects required to maintain minimum safety stocks of liquefied petroleum gases, as referred to in Article 14.6 of Royal Decree 1716/2004 of 23 July, which regulates the maintenance obligation Minimum security stocks, diversification of natural gas supply and the Corporation of Strategic Reserves of Petroleum Products will pay the Corporation during the year 2013, for the maintenance of the stock Minimum security for them, a share of EUR 0,3381 per metric tonne sold or consumed, per day of stock held by the Corporation on behalf of the obligated subject. "

Second.

The first declaration and payment of the approved quotas in this order will be the one to be carried out before 20 October 2013, that is, the one corresponding to the sales or consumption carried out in the month of September 2013.

Third.

This order shall have effect from the day following that of its publication in the "Official State Gazette" until the approval of the quotas for 2014, without prejudice to any adjustments that may be necessary to the declarations and payment of the quotas.

This order exhausts the administrative route, as provided for in Article 109 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in Relationship with the additional 15th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. Against the same, it may be brought before the Administrative-Administrative Board of the National Court, within two months, from the day following that of the notification of this order, compliance with Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.

Likewise, without prejudice to the foregoing, this order may be appealed to the Minister of Industry, Energy and Tourism for a period of one month from the day following that of his notification, in accordance with the provisions of Articles 116 and 117 of Law No 30/1992 of 26 November 1992. In such a case, the administrative-administrative appeal may not be brought until the replacement appeal is expressly resolved or the presumed dismissal of the remedy occurs.

Madrid, September 30, 2013. -Minister of Industry, Energy and Tourism, P. D. (Order IET/556/2012, March 15), Secretary of State for Energy, Alberto Nadal Belda.